Criminal mischief is generally the damage, destruction, defacing, or alteration of tangible property (vandalism), done with criminal intent (intentionally or knowingly). Criminal mischief charges often arise from (1) damage to a home or dwelling; (2) damage to a place of business; (3) damage to a motor vehicle; (4) damage to a school; (5) defacement or destruction of public or private property (graffiti, etc.); or (6) tampering with public water, gas, power, or communications.

Criminal mischief laws are generally located in a state’s statutes—usually in the penal or criminal code.

In Kansas, criminal mischief is addressed under the Kansas Criminal Damage to Property statute, K.S.A. 21-5813. This law defines criminal damage to property as knowingly damaging, destroying, defacing, or substantially altering any property with the intent to injure or defraud the owner or custodian of the property. The severity of the charges can range from a Class B nonperson misdemeanor for damages less than $1,000, to a severity level 7, person felony for damages exceeding $25,000 or if the act can potentially harm or does harm a person. Specific acts of vandalism, such as graffiti, may also be covered under local municipal ordinances. Additionally, tampering with utilities may be prosecuted under separate statutes, such as K.S.A. 21-5817, which deals with tampering with a public utility. Penalties for criminal mischief in Kansas can include fines, restitution, and imprisonment, depending on the extent of the damage and the value of the property involved.